Article Title: Utah Zoning Law: the Zoning Ordinance

• Publication year: 2001
• Pages: 04-10

Utah Bar Journal Volume 4.

04-10 (2001). Article Title: Utah Zoning Law: The Zoning Ordinance

April, 2001

Article Title: Utah Zoning Law: The Zoning Ordinance

Author: Richard S. Dalebout

Contact Info

Article Type

Article

Article

(Editor's Note: this article is the first in a series of three on Utah zoning law. The second article is entitled Utah Zoning Law: Enforcement and the third is entitled Utah Zoning Law: Appeals.)

Introduction(fn1)

Enabling Acts. The Municipal Land Use Development and Management Act empowers cities and towns in Utah to divide or "zone" the territory within their boundaries into districts and to regulate land uses therein The County Land Use Development and Management Act similarly empowers counties. Subject, of course, to constitutional limitations, these two acts - commonly referred to as "enabling" acts - are the controlling law of zoning. They are worth reading: an experienced land use planner (and a non-lawyer) once commented that he could often out-maneuver local lawyers in zoning matters simply because he read and understood the applicable enabling act and they didn't

Zoning Ordinance. The enabling acts permit cities and counties to use their law-making power to adopt a "zoning ordinance" consisting of a map and a text. The map illustrates the territory of the city divided into districts which have names such as "Agricultural (A-1)," "Single Family Residential (R-1)" or "Neighborhood Shopping Center (SC-1)." The text describes what can and cannot be done within each of these districts. For example, in an R-1 zone, as the name suggests, single family residences are allowed and more intensive uses such as duplexes and four-plexes are prohibited. It is left to the city or county to decide on the names for the zoning districts and the uses allowed within each of these districts - these are not prescribed in the enabling acts.

The Planning Commission

Organization and Procedure. The process of adopting a zoning ordinance starts with a planning commission, which is created by the governing body and is required for the exercise of zoning powers. (Commission members are local residents who are appointed by the governing body and usually serve without compensation.)

Powers and Duties. A planning commission has no law-making authority and, in general, it performs only the planning and administrative functions specified by the governing body. There are, however, three things it must do:

General Plan. The planning commission must prepare "a comprehensive, long-range general plan" for the development of land in the city, which it recommends to the governing body. This general plan is the foundation on which the zoning ordinance is built. Any subsequent amendments to the general plan must likewise be routed through the planning commission for its recommendation.

Zoning Ordinance. The zoning ordinance (map and text) must be reviewed by the planning commission before adoption into law by the legislative body. Amendments must be reviewed by the planning commission.

Subdivisions. Any subdivision ordinance must be recommended by the planning commission. Amendments to the subdivision ordinance must also be reviewed by the planning commission. A subdivision plat may not be filed or recorded until the officer or body designated to approve subdivision plats has received the recommendation of the planning commission.

In the processes above, the governing body cannot proceed without first receiving the recommendation of the planning commission. However, the planning commission is completely subordinate because the governing body can modify any of the recommendations before enacting them into law (the general plan, zoning ordinance and subdivision ordinance)(fn2) or approving them (subdivision plats).

An example of the administrative work that may be handled by a planning commission (if authorized by the governing body) is holding a public hearing and deciding whether to grant a conditional use permit. In Stucker v. Summit County,(fn3) the local ordinance required a proposed use to be compatible with neighboring uses. Because compatibility was at issue, the ordinance uthorized the planning commission to hold hearings and make a decision resolving the issue. The ordinance provided:

When a developer and affected property owners cannot reach a consensus of opinion regarding compatibility of the proposed land use, the Planning Commission holds a public hearing prior to making a decision and...